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Family argued failure to repair home caused lead poisoning

Amount:

$10,000,000

Type:

Settlement

State:

California

Venue:

Los Angeles County

Court:

Superior Court of Los Angeles County, Los Angeles

Injury Type(s):

other-lead poisoning; neurological-neurological impairment; sensory/speech-speech/language, impairment of

Case Type:

Toxic Torts; Landlord and Tenant – Habitability; Premises Liability – Tenant’s Injury, Dangerous Condition, Negligent Repair and/or Maintenance

Case Name:

Connor Michaels-Nolan, Heather Nolan, Heather Nolan as Guardian and Cynthia Wright v. State of California, Department of Transportation and Does 1 through 100,
No. BC503484

Date:

February 13, 2015

Parties

Plaintiff(s):

Heather Nolan (Female, 36 Years), 

Cynthia Wright (Female, 54 Years), 

Connor Michaels-Nolan (Male, 4 Years)

Plaintiff Attorney(s):

Matthew S. McNicholas;
McNicholas & McNicholas LLP;
Los Angeles,
CA,
for
Heather Nolan, Cynthia Wright, Connor Michaels-Nolan ■ Philip Shakhnis;
McNicholas & McNicholas LLP;
Los Angeles,
CA,
for
Heather Nolan, Cynthia Wright, Connor Michaels-Nolan

Plaintiff Expert(s):

Vicki Sudhalter; Ph.D.; Developmental Psychology; Bronx,
NY called by:
Matthew S. McNicholas, Philip Shakhnis

Defendant(s):

State of California, Department of Transportation

Defense Attorney(s):

Jill Siciliano;
California Department of Transportation, Legal Division;
Los Angeles,
CA,
for
State of California, Department of Transportation

Defendant Expert(s):

Marvin Pietruszka;
Toxicology;
Reseda,
CA called by:
Jill Siciliano

Facts:

In 2012, plaintiff Connor Michaels-Nolan, 23 months old, had a blood test that revealed he suffered from lead poisoning. Connor and his mother, plaintiff Heather Nolan, 36, had moved into the property in October 2010, when Connor was one month old. Connor’s maternal grandmother, plaintiff Cynthia Wright, 54, had lived there since 2005. The property, in South Pasadena, was owned and managed by the California Department of Transportation (Caltrans). The family claimed that in 2009, Caltrans inspectors had seen the chipping paint, since it was readily visible. Moreover, in 2011, the family had reported to the inspectors that there was chipped and peeling paint throughout the exterior and interior of the property. After Connor’s blood test in 2012, Caltrans was soon afterward cited by the Los Angeles Department of Public Health. Caltrans took another five months to begin the lead abatement, despite classifying the documented lead-based paint hazards as an emergency repair. Connor, his mother, and grandmother, sued State of California Department of Transportation, alleging negligence in the maintenance of the premises, creating a dangerous condition. Plaintiffs contended that despite the obvious deterioration at the home, Caltrans decided to treat the matter as cosmetic, and did not promptly make necessary repairs. Even after the family ran a test for lead which was positive, no action was taken by Caltrans. Caltrans contended that Nolan and Wright contributed to Connor’s lead poisoning. The Los Angeles County Health Department indicated in its reports that the plaintiffs’ exhibited poor housekeeping and the home remained in a state of clutter and turmoil. The floors were not kept clean, nor were the doors, windowsills, and walls wet-wiped daily. The defense added that Connor’s toys were not often washed, and he was allowed to crawl on the chipping paint, which resulted in lead dust on his hands and feet. Connor was also allowed to enter the work zone during a 2012 bathroom renovation. The defense contended that Nolan should have removed her son from the exposure to lead, and pointed out that Wright had executed the rental agreement, which contained a generic clause regarding the possible existence of lead paint in the home. The defense argued that she should have proactively requested that the home be tested for lead-based paint.

Injury:

Nolan and Wright did not claim any physical injury from the lead in the house’s environment. Connor had been exposed to lead-based paint hazards at the property since his infancy. By the time he was 16 months old, he could no longer form words or acquire language, due to permanent neurological damage. Connor also developed a behavioral disorder. Plaintiffs claimed he will require extensive care for the rest of his life, costing millions of dollars. The defense noted that Connor was not prescribed "chelation therapy," which is the introduction of certain medications into his system, to eradicate the lead in his blood. However, according to numerous nationwide studies and plaintiffs’ neuropsychologist, the existing lead level in his blood and bones can be treated and once the lead is removed from the child’s living environment, his blood lead level should drop significantly, so as not to cause further neurological injury. Caltrans’ pediatric toxicologist opined that the threshold level for lead poisoning was set too low and that the danger does not exist until much higher levels. Caltrans further contended that Connor suffered from autism, or an organic brain abnormality, not lead poisoning. Plaintiffs noted an independent third-party team evaluating Connor had ruled out autism.

Result:

The parties settled for $10 million, after a second mediation session.

Trial Information:

Judge:

Marc Marmaro

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ and defense counsel.